Establishing fault after an accident when an injury has occurred is central to being able to make a claim for compensation. Also called liability, fault means that one party in the accident holds a responsibility, whereas if they did not participate in a certain behavior, often negligence, then the accident would not have occurred. This individual or their insurance can be responsible for paying the medical bills, lost wages, pain and suffering and other expenses that arise from an injury.

Fault means different things in different industries, for example, in car accidents a person can be held responsible if they were speeding, or driving unsafe, in workplaces or in public it can be unsafe walking conditions which can lead to a trip or slip and fall, and with products it can mean proper care was not taken to make a product safe for the consumers. There are times when more than one person can be at fault, in cases of multi car accidents for example, and there are times when establishing fault can be very challenging. Hiring an experienced personal injury lawyer is extremely important for the assistance to help establish fault and navigate the claim procedures.

One of the first most important things to know is that without legal representation fault should never be admitted. In cases of car accidents with the stress from the accident people can do or say things that will demonstrate they were in fault when in many cases they are not. There are different people whose job it is to determine fault and it is not an easy task. There are lots of nuances, and factors that go into determining fault and even with insurance companies there is no designated formula that is used, so it is subjective at times.

If police are involved, they are often the first ones who determine some level of fault based on personal injury legal precedence and laws. When a police report is written it retells the moments leading up to an accident and that conditions in which it took place. Insurance companies and lawyers often use the police report to help determine the structure of the claim and who did what. It is also important not to attempt to negotiate with the other drivers on your own, or to leave the accident until everything is in order and documented.

The same holds true for slip and fall cases. Management and their insurance companies will try to deflect or minimize all claims of fault and they have a legal team to assist them. This is another reason why hiring a well known injury attorney who is familiar with the local community to represent you so you will not be taken advantage of. In all accidents, gathering any witness, video footage or pictures can help your case and should be done as soon as possible. Attempts will be made to say that you were walking or acting in an unsafe way when really the negligence falls on the property owners and managers to take precautions to prevent actions before they occur. This means clear and dry walking paths. In public areas like on sidewalks the responsibility often falls on the city or local government as is the case in New York City. Snow and debris must not accumulate and they have a responsibility to clear it within certain time limits.

Construction and building safety requirements are another big accident area in NYC. Scaffolding must follow specific guidelines and the responsibility falls on the contractors to ensure the scaffolding and site is clean, safe, and up to regulations.